British "otherwise than by descent"

[lokbing]

Hi All,

Dont know if this thread is still active but here goes.

I need some clarification on claim to British Citizenship (BC) as I am in the process of applying for a British Passport for my son born 2018 in Hong Kong and seem to be getting the run around by the passport office.

At first they wanted evidence to prove my claim to BC and now they want evidence (for example naturalisation or registration certificate) to prove either of my parents (both born in Hong Kong similar situation as to OP) claim to BC

Here is a bit of background of whats happend so far:

- I was born in UK 1985, I recieved my BC at birth as my mother was a "British Subject citizen of the UK and Colonies" which was stamped "Holder has the right of abode in the United Kingdom" in 1979,similar to the OP.

- My father was slightly different, his nationality was "British Dependent Territories Citizen" and stamped with ILR in 1983. Both my parents are still alive and have passports with BC on them.

- I submitted both of my parents old passports, so I am certain that this would prove my own claim to BC at the time of birth.

My Question:

1. I am "BC otherwise than by descent" therefore I can pass on "BC by descent" to my son?

2. Would providing both my parents old passports with these nationality status and relevant stamps suffice as evidence of their own claim to BC?

As I understand, BC is automatically acquired after the passing of the 'British Nationality Act 1981' if they meet certain conditions as follows:-

Taken from the 'British Citizenship: Automatic Acquisition' published 2017

Born before 1 January 1983
Under section 11(1) of the British Nationality Act 1981, a person automatically became a British citizen on 1 January 1983 if immediately before that date they:
• were a citizen of the UK and Colonies (CUKC)
• had the right of abode in the UK under section 2 of the Immigration Act 1971 as then in force

So i assume there is no need for my mother to provide any Certifcate of Naturalization or Registration as this would not have been required for her to have after the passping of the 1983 act?

My father does have a registration certificate of BC issued in 1987 but i question if its an original document because its printed in all black and sits wonky on the page. I could apply for a new one but its takes time as the address would need to be change before a new one is even issued.

So i would like to know do I need to provide both documentary evidence or would only my mothers old passport suffice?

Sorry for the long rant but the whole process is a bit irritating.

Thanks for reading and hope yous maybe able to help me

Thanks
lokbing

[CR001]

Dont know if this thread is still active but here goes.

I have split your post to its own topic (where it is now) to avoid confusion when members respond on an older topic where members are no longer active.

[secret.simon]

Do you have your parents' passports from the time you were born (either your mother's passport stamped with RoA or your father's with ILR, preferably both)?

[lokbing]

Do you have your parents' passports from the time you were born (either your mother's passport stamped with RoA or your father's with ILR, preferably both)?

Yes I have both my mothers and fathers blue passports and in both the validity dates cover the time when I was born in 30/04/1985.

Mothers passport - ‘British Subject citizen of the UK and Colonies’ with RoA stamped in September 1979. Passport valid 28/03/1979 to 28/03/1989

Fathers passport - ‘British Dependent Territories Citizen’ with ILR stamped in April 1983. Passport Valid 30/05/1975 to 30/05/1985

Do you think submitting both my parents blue passports with this evidence, enough to satisfy my own claim and my parents claim to BC?



Thanks
Lokbing

[vinny]

Looks satisfactory.

[ajitk1]

Do you have your parents' passports from the time you were born (either your mother's passport stamped with RoA or your father's with ILR, preferably both)?

Yes I have both my mothers and fathers blue passports and in both the validity dates cover the time when I was born in 30/04/1985.

Mothers passport - ‘British Subject citizen of the UK and Colonies’ with RoA stamped in September 1979. Passport valid 28/03/1979 to 28/03/1989

Fathers passport - ‘British Dependent Territories Citizen’ with ILR stamped in April 1983. Passport Valid 30/05/1975 to 30/05/1985

Do you think submitting both my parents blue passports with this evidence, enough to satisfy my own claim and my parents claim to BC?



Thanks
Lokbing

Since you are citizen being born in the UK it is your nationality that can be conferred on your son. Your parents passports are not important. You can apply for your son's BC by registering him.

[CR001]

You are British citizen by descent. Since your mother is subject of UK. You were not born in the UK to claim UK citizenship other than by descent. If you are by descent the child does not have automatic right to British citizenship.

Please, read the OPs first post again, where they clearly state they were born in the UK in 1985.

[lokbing]

Thank yous all for your advice and information. It puts my mind at ease cause I was worried as to what documents would be acceptable to prove our BC claims.

Ive just recieved a email from the assessor to say that they recieved my parents blue passports and will do some checks.

They did say if I had my fathers registration certificate it would be faster but as a I said before I doubt it is the original copy and ideally I dont want to be paying the 250GBP duplicate fee which i think is extortionate from UKVI in comparison from 'The National Archieves' which is only 30GBP!

Anyone know how long the turnaround is for overseas application for a childs first passport? Hopefully the documents all check out....


Thanks
Lokbing

[lokbing]

Just to update everyone if they find themselves in the same situation:

Finally, my sons UK passport was approved a few days after they recieved further evidence of my mothers journey to the UK from Hong Kong. I had to send them my mothers British Passport (Hong Kong) when she first emigrated to UK.

I do not think it was right of them to question my mothers BC status even though I had already provided them with old passports with relevant stamps proving my own claim to BC. Otherwise how would I have gotten my own first passport.

A tip for future applications, keep all your old passports in a safe place as you never know when it comes to your childrens children applying they may well encounter this kind of problem.